
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5342]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
                 SUBCHAPTER IV--PREVAILING RATE SYSTEMS
 
Sec. 5342. Definitions; application

    (a) For the purpose of this subchapter--
        (1) ``agency'' means an Executive agency; but does not include--
            (A) a Government controlled corporation;
            (B) the Tennessee Valley Authority;
            (C) the Virgin Islands Corporation;
            (D) the Atomic Energy Commission;
            (E) the Central Intelligence Agency;
            (F) the National Security Agency, Department of Defense;
            (G) the Bureau of Engraving and Printing, except for the 
        purposes of section 5349 of this title;
            (H) the General Accounting Office; or \1\
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    \1\ So in original. The word ``or'' probably should not appear.
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            (J) \2\ the Defense Intelligence Agency, Department of 
        Defense; or
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    \2\ So in original. Subsec. (a)(1) does not contain a subpar. (I).
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            (K) the National Imagery and Mapping Agency, Department of 
        Defense;

        (2) ``prevailing rate employee'' means--
            (A) an individual employed in or under an agency in a 
        recognized trade or craft, or other skilled mechanical craft, or 
        in an unskilled, semiskilled, or skilled manual labor 
        occupation, and any other individual, including a foreman and a 
        supervisor, in a position having trade, craft, or laboring 
        experience and knowledge as the paramount requirement;
            (B) an employee of a nonappropriated fund instrumentality 
        described by section 2105(c) of this title who is employed in a 
        recognized trade or craft, or other skilled mechanical craft, or 
        in an unskilled, semiskilled, or skilled manual labor 
        occupation, and any other individual, including a foreman and a 
        supervisor, in a position having trade, craft, or laboring 
        experience and knowledge as the paramount requirement; and
            (C) an employee of the Veterans' Canteen Service, Department 
        of Veterans Affairs, excepted from chapter 51 of this title by 
        section 5102 (c)(14) of this title who is employed in a 
        recognized trade or craft, or other skilled mechanical craft, or 
        in an unskilled, semiskilled, or skilled manual labor 
        occupation, and any other individual, including a foreman and a 
        supervisor, in a position having trade, craft, or labor 
        experience and knowledge as the paramount requirement; and

        (3) ``position'' means the work, consisting of duties and 
    responsibilities, assignable to a prevailing rate employee.

    (b)(1) Except as provided by paragraphs (2) and (3) of this 
subsection, this subchapter applies to all prevailing rate employees and 
positions in or under an agency.
    (2) This subchapter does not apply to employees and positions 
described by section 5102(c) of this title other than by--
        (A) paragraph (7) of that section to the extent that such 
    paragraph (7) applies to employees and positions other than 
    employees and positions of the Bureau of Engraving and Printing; and
        (B) paragraph (14) of that section.

    (3) This subchapter, except section 5348, does not apply to officers 
and members of crews of vessels excepted from chapter 51 of this title 
by section 5102(c)(8) of this title.
    (c) Each prevailing rate employee employed within any of the several 
States or the District of Columbia shall be a United States citizen or a 
bona fide resident of one of the several States or the District of 
Columbia unless the Secretary of Labor certifies that no United States 
citizen or bona fide resident of one of the several States or the 
District of Columbia is available to fill the particular position.

(Added Pub. L. 92-392, Sec. 1(a), Aug. 19, 1972, 86 Stat. 564; amended 
Pub. L. 96-70, title III, Sec. 3302(e)(1), Sept. 27, 1979, 93 Stat. 498; 
Pub. L. 96-191, Sec. 8(d), Feb. 15, 1980, 94 Stat. 33; Pub. L. 97-468, 
title VI, Sec. 615(b)(1)(D), Jan. 14, 1983, 96 Stat. 2578; Pub. L. 98-
618, title V, Sec. 502(b), Nov. 8, 1984, 98 Stat. 3303; Pub. L. 102-54, 
Sec. 13(b)(1), June 13, 1991, 105 Stat. 274; Pub. L. 103-359, title V, 
Sec. 501(h), Oct. 14, 1994, 108 Stat. 3429; Pub. L. 104-201, div. A, 
title XI, Sec. 1122(a)(1), div. C, title XXXV, Sec. 3548(a)(3)(A), Sept. 
23, 1996, 110 Stat. 2687, 2868.)


                            Prior Provisions

    A prior section 5342, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 471, 
provided for crews of vessels.
    Provisions similar to those comprising subsec. (b) of this section 
were contained in Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 471 (formerly 
classified to section 5342 of this title) prior to the general amendment 
of this subchapter by section 1(a) of Pub. L. 92-392.


                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-201, Sec. 3548(a)(3)(A), which 
directed amendment of subsec. (a)(1) by striking subpar. (G) and 
redesignating subpars. (H), (I), (J), (K), and (L) as (G), (H), (I), 
(J), and (K), respectively, was executed by striking subpar. (F), 
relating to the Panama Canal Commission, and redesignating subpars. (G), 
(H), (I), (K), and (L) as (F), (G), (H), (J), and (K), respectively, to 
reflect the probable intent of Congress, because subsec. (a)(1) does not 
contain a subpar. (J) and the amendments were included in a series of 
conforming amendments relating to the Panama Canal.
    Subsec. (a)(1)(L). Pub. L. 104-201, Sec. 1122(a)(1), substituted 
``National Imagery and Mapping Agency'' for ``Central Imagery Office''.
    1994--Subsec. (a)(1)(J) to (L). Pub. L. 103-359 directed the 
amendment of subpar. (J) by striking out ``or'' at end which could not 
be executed because par. (1) does not contain a subpar. (J), added 
``or'' at end of subpar. (K), and added subpar. (L).
    1991--Subsec. (a)(2)(C). Pub. L. 102-54 substituted ``Department of 
Veterans Affairs'' for ``Veterans' Administration''.
    1984--Subsec. (a)(1)(I) to (K). Pub. L. 98-618 struck out ``or'' at 
end of subpar. (I), inserted ``or'' at end of subpar. (J), and added 
subpar. (K).
    1983--Subsec. (a)(1)(C) to (J). Pub. L. 97-468, eff. Jan. 5, 1985, 
struck out subpar. (C) which excluded the Alaska Railroad and 
redesignated subpars. (D) to (J) as (C) to (I), respectively. See 
Effective Date of 1983 Amendment note below.
    1980--Subsec. (a)(1)(J). Pub. L. 96-191 added subpar. (J).
    1979--Subsec. (a)(1)(G). Pub. L. 96-70 substituted ``Commission'' 
for ``Company''.


                    Effective Date of 1996 Amendment

    Amendment by section 1122(a)(1) of Pub. L. 104-201 effective Oct. 1, 
1996, see section 1124 of Pub. L. 104-201, set out as a note under 
section 193 of Title 10, Armed Forces.


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 97-468 effective on date of transfer of Alaska 
Railroad to the State [Jan. 5, 1985], pursuant to section 1203 of Title 
45, Railroads, see section 615(b) of Pub. L. 97-468.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-191 effective Oct. 1, 1980, see section 
10(a) of Pub. L. 96-191.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 
of Pub. L. 96-70, set out as an Effective Date note under section 3601 
of Title 22, Foreign Relations and Intercourse.


                             Effective Date

    Section effective on first day of first applicable pay period 
beginning on or after 90th day after Aug. 19, 1972, except that in the 
case of employees referred to in subsec. (a)(2)(B) and (C) section 
effective on first day of first applicable pay period beginning on or 
after 180th day after Aug. 19, 1972, or on such earlier date (not 
earlier than 90th day after Aug. 19, 1972) as Civil Service Commission 
may prescribe, see section 15(a) of Pub. L. 92-392, set out as a note 
under section 5341 of this title.

                  Abolition of Atomic Energy Commission

    Atomic Energy Commission abolished and functions transferred by 
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See, 
also, Transfer of Functions notes set out under those sections.

                Dissolution of Virgin Islands Corporation

    Virgin Islands Corporation established to have succession until June 
30, 1969, unless sooner dissolved by Act of Congress, by act June 30, 
1949, ch. 285, 63 Stat. 350, as amended (48 U.S.C. 1407 et seq.). 
Corporation terminated its program June 30, 1965, and dissolved July 1, 
1966. Act June 30, 1949, was repealed by Pub. L. 97-357, title III, 
Sec. 308(e), Oct. 19, 1982, 96 Stat. 1710.

                  Section Referred to in Other Sections

    This section is referred to in sections 5343, 5361, 5544 of this 
title; title 10 section 1602.
